PETER M. CALAFELL AND CLAUDIA S. CALAFELL, APPELLANTS,

v.

STUART KINSTLER AND ANN M. KINSTLER, HIS WIFE, AND SOUTH DADE REALTY, INC., A FLORIDA CORPORATION, APPELLEES

Citator

Cited By

• Domenic A. Franchi v. Myron Shapiro and Jeffrey B. Shapiro, 650 So. 2d 161 (Fla. 3d DCA 1995)
  …ery request. Roy v. Gordon, 541 So. 2d 735, 736 (Fla. 1st DCA 1989); Sizemore v. Ray Gunter Trucking, 524 So. 2d 717, 719 (Fla. 1st DCA 1988); Belflower v. Cushman & Wakefield of Fla., Inc., 510 So. 2d 1130, 1131 (Fla. 2d DCA 1987); Lazare v. Weiss, 437 So. 2d 211, 212 (Fla. 3d DCA 1983); Sunstream Jet Ctr., Inc. v. Lisa Leasing Corp., 423 So. 2d 1005, 1007 (Fla. 4th DCA 1982); see also Beck’s Transfer, Inc. v. Peairs, 532 So. 2d 1136, 1137-38 (Fla. 4th DCA 1988) (a default as a sanction was reversed where “[…
• Austin v. Papol, 464 So. 2d 1338 (Fla. 2d DCA 1985)
  …terclaim. The trial court erred in imposing such extreme sanctions without first affording Austin the opportunity to be heard on the question of whether his failure to appear at the scheduled depositions was willful or in bad faith. Lazare v. Weiss, 437 So. 2d 211 (Fla. 3d DCA 1983); Kuechenberg v. Creative Interiors, Inc., 424 So. 2d 145 (Fla. 4th DCA 1982); Sunstream Jet Center, Inc. v. Lisa Leasing Corp., 423 So. 2d 1005 (Fla. 4th DCA 1982); Owens-Illinois v. Lewis, 260 So. 2d 221 (Fla. 1st DCA 1972). Ac…
• Kleinschmidt v. Gator Off. Supply & Furniture, Inc., 551 So. 2d 515 (Fla. 3d DCA 1989)
  …ly with the interrogatory and discovery production order, the plaintiff was given but one opportunity to comply with this order prior to the dismissal order and, accordingly, a dismissal of the action was an overly harsh remedy. See Lazare v. Weiss, 437 So. 2d 211 (Fla. 3d DCA 1983); Kuechenberg v. Creative Interiors, Inc., 424 So. 2d 145 (Fla. 4th DCA 1982). We do not, however, condone the plaintiff’s refusal to obey the court’s discovery orders; plainly, the trial court on this record could have imposed les…

Authorities Cited

• Pokress v. Josephart, 152 So. 2d 756 (Fla. 3d DCA 1963)
• Harbor Yacht Repair, Inc. v. Sanger, 279 So. 2d 64 (Fla. 3d DCA 1973)